Happy Tuesday, How often do you make phone calls or send texts to people you have not met in your business? Do you have proper permission to reach out to them? Have you ever heard of the Telephone Consumer Protection Act (TCPA)? In 2023 Keller Williams was sued and a class action n suit was settled for $40 million dollars. Please take note While KWRI was sued it was on behalf of associates who were making the calls that violated the TCPA. The TCPA is a U.S. federal law enacted in 1991, primarily aimed at reducing the number of nuisance calls, faxes, and text messages that consumers receive. Here are the key points of the TCPA and why it’s particularly relevant for real estate business owners:
Key Provisions of the TCPA:
Consent Requirement: The TCPA requires businesses to obtain express written consent from individuals before making autodialed or prerecorded calls or sending texts to their phone numbers. Do-Not-Call Lists: The law establishes and enforces do-not-call lists, allowing consumers to opt out of receiving unsolicited calls from businesses. Time Restrictions: There are specific time restrictions on when telemarketing calls can be made. Identification Requirement: Callers must provide their name, the name of the entity on whose behalf the call is being made, and a telephone number or address at which that entity can be contacted. Penalties: Violations of the TCPA can result in hefty fines. Consumers can sue for up to $500 for each violation or recover actual monetary loss, whichever is greater, and courts may triple the damages for each violation they find to be willful or knowing.
Importance for Real Estate Business Owners:
High Engagement with Clients: Real estate businesses often rely heavily on phone calls, text messages, and faxes to engage with potential clients. Ensuring that these communications comply with the TCPA is crucial to avoid legal pitfalls. Marketing Practices: Many real estate businesses use automated systems for marketing, such as robocalls or mass text messaging services. It’s important that these systems are set up in compliance with TCPA regulations. Consent Management: Real estate businesses must have a robust system in place to track the consent status of each client or potential client. Consent records need to be meticulously maintained and readily available. Legal and Financial Risks: Non-compliance can lead to lawsuits and significant financial penalties. It’s not just the law that’s a concern; a reputation for spamming clients can also damage a business’s standing in the community. Staff Training: Employees and agents should be well-informed about the TCPA’s requirements. Mistakes by staff in handling communications can lead to violations and penalties. In essence, adherence to the TCPA is not just about legal compliance; it’s also about maintaining respectful and lawful communication with clients, which is fundamental to the reputation and success of any real estate business.
Best Practices for Associates:
Do not leave or drop prerecorded or ringless voicemails or use an artificial voice message Do not use an autodialer to make calls
Before calling or texting, confirm the number:
Is not on the National Do Not Call registry Is not on any state, county, or local Do Not Call list Is not on any internal (market center and region) Do Not Call list Stop calling or texting any agents who indicate that they do not want to be contacted and place those numbers on your internal Do Not Call list Know and follow all state/provincial laws in addition to the TCPA Engage TCPA counsel to confirm compliance with all applicable laws and requirements
ddd ____________________________________________________________________________________ WARNING! You must comply with the Telephone Consumer Protection Act (TCPA) and any other federal, state or local laws, including for B2B (business-to-business) calls and texts. Never call or text a number on any Do Not Call list, and do not use an autodialer or artificial voice or prerecorded messages without proper consent. For more information about the TCPA and DNC laws, visit https://www.kwconnect.com/page/industry-resource/dnc. How to find out more about the DNC call List and be in compliance for your business: https://www.ftc.gov/business-guidance/resources/qa-telemarketers-sellers-about-dnc-provisions-tsr-0 Contact your attorney to ensure your compliance. ddd
Upcoming Events:
Keller Williams Family Re-Union Feb 25-29, 2024: https://events.kw.com/event/family-reunion-2024/?fbclid=IwAR1KoUQAsU-11HTsuOqZg_hl9hP5EBJQx-URAueaeOd9Y3SYpp3rvK5O2-U ________________________________________________________________________________
Would you like to talk about what changes you might make in your business through utilizing the leverage of KW Command for your business? Schedule Time with David Donaldson and Get your Growth & Tech Business Evaluation Here: https://calendly.com/daviddonaldson/rtt-growth-conversation If you need a refresher Course to get re-introduced or gain clarity around the Fundamental use of Command register for our Jan 8-12, 2024 Training Sessions Training Here: kwregion12training.com Do you need to get some insight on what is KW Command. Learn more: https://getcommand.com/ or https://technology.kw.com/